Aer Lingus wrecked my bag.

jos28

Just returned form an Aer Lingus flight. I used a BRAND new wheeled holdall that was a present from my son. Collected the bag after a 3 hour flight and it was wrecked. The wheel casing had been smashed and it could not be wheeled at all. I reported it on arrival, got a damage report form and was told to give this to Aer Lingus when I returned to Dublin. I did as I was told but the 'nice' people in Aer Lingus basically said tough luck. They hold no responsibility for damage to passengers luggage. Seems a bit rich when they charge you seperately for each bag you check in. Anyone had a similar experience ? Do passengers have any rights in this area ?

loyatemu

small claims court?

does seem that if they have the cheek to charge for baggage they should at least compensate you if they damage it.

MOH

From their own web site:

"The air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDRs (approximately EUR 1,230). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault."

and

Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.


From here:
"Damage, loss or delay of baggageThe airline liability limits in place covering the damage, loss or delay of baggage are as set down in the Warsaw System. New legislation is currently being prepared to increase these limits for travel on EU airlines and also on international airlines but the following rules set out the current situation. You should also be aware that the liability of airlines in the event of damage, loss or delay of baggage has certain conditions attached to it:

Airline liability is based on the weight of your baggage/luggage and not on the value of either the baggage or the items contained in your baggage
Airlines may not accept liability for valuable, fragile or important items that are packed in damaged or unsuitable containers and later damaged in transit. You are always advised to pack items in suitable containers and seek adequate travel insurance before you travel if you are carrying such items.
Checked baggageThis is baggage/luggage that you have given custody of to the airline at the time you check-in and confirm that you will be taking your seat on the flight. Some airlines will not take responsibility for loss of jewellery, other valuables and money contained in your checked baggage. It may be possible to sign a declaration that your baggage contains items of higher value and you may have the option of paying additional charges at check-in to cover the higher value in the event of loss of or damage to your baggage. If you do not sign a declaration and pay the additional charges, the liability of the airline in the event of damage to your checked baggage is limited to approximately US$20 per kilogram of checked baggage. "


Although a quick google also showed:
"Northwest, like most major airlines, does not accept liability for the damage to checked luggage such as: broken wheels or feet, lost pull straps, ..."

jos28

Thanks a million for all your help MOH,
I have written to them but I have a feeling I am wasting my time. The Aer Lingus official pointed to a disclaimer sign stating, as you pointed out, that they are not liable for damage to wheels, straps etc. Seems a bit of a contradiction though ! I'm sure it was not a very expensive bag, but as always it's the principle.

MOH

Might be covered by your travel insurance, if you had any?

I've just looked back through the blurb that came with my last Aer Lingus booking, and it says it's subject to the conditions here , none of which (section 15.3) seems to mention ànything abuot excluding damage to the bag itself.

You might want to call the National Consumer Agency if you want to follow up on it. At least, unlike me, they should know what they're talking about!


(On a side note, you might want to google "sky handling partners" and look at any entry apart from the first one. Might give you a laugh)

Colonel Sanders

MOH wrote:

(On a side note, you might want to google "sky handling partners" and look at any entry apart from the first one. Might give you a laugh)

FFS!!! Is this a true story??

Zaph

Yep, it was in the news recently. Damien Mulley was the head guy in Ireland Offline, which just closed down.

Colonel Sanders

and what happened re. the libel etc?

snappieT

Hasn't hit the courts yet...

vms7ply9t6dw4b

I work in the airport and since i first set foot in the baggage hall and saw what they do to the bags, on purpose, ive never packed the same again!

ROVER

Unless things have changed in the last year I think they will refund you.

Last year my daughters buggy came of the baggage reclaim belt minus one wheel. Reported it got a damage reference. Sent off letter to Aerlingus with quote for new buggy along with damage report ref. They sent out a letter first asking to claim under my insurance. I told them I had no Insurance ( did not want to claim on Insurance as the Excess was about EUR100). They then sent out a cheque for replacement amount.

jos28

Thanks Rover,
Thats encouraging. I have written to them but I am expecting them to tell me to get lost. According to National Consumer Agency (kindly posted by MOH), Aer Lingus's policy of not accepting responsibility for damage to wheels, straps etc is in direct breach of the terms of the Montreal Convention. So here's hoping..

jos28

Just thought I would let you know that the good people in Aer Lingus finally paid up for my bag. Like Rover, they originally told me to claim from my insurance company. I wrote back saying that it was not worth my while. The bag was 49.99 and the excess was €50. Lo and behold, a cheque arrived today. Nice one. Thanks for your help everyone.

MOH

jos28 wrote:

Just thought I would let you know that the good people in Aer Lingus finally paid up for my bag. Like Rover, they originally told me to claim from my insurance company. I wrote back saying that it was not worth my while. The bag was 49.99 and the excess was €50. Lo and behold, a cheque arrived today. Nice one. Thanks for your help everyone.

Great news, well done!

Now, I've a stone here, perhaps you could help me get blood from it?

senordingdong

MOH wrote:

From their own web site:

"The air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDRs (approximately EUR 1,230). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault."

and

Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.


From here:
"Damage, loss or delay of baggageThe airline liability limits in place covering the damage, loss or delay of baggage are as set down in the Warsaw System. New legislation is currently being prepared to increase these limits for travel on EU airlines and also on international airlines but the following rules set out the current situation. You should also be aware that the liability of airlines in the event of damage, loss or delay of baggage has certain conditions attached to it:

Airline liability is based on the weight of your baggage/luggage and not on the value of either the baggage or the items contained in your baggage
Airlines may not accept liability for valuable, fragile or important items that are packed in damaged or unsuitable containers and later damaged in transit. You are always advised to pack items in suitable containers and seek adequate travel insurance before you travel if you are carrying such items.
Checked baggageThis is baggage/luggage that you have given custody of to the airline at the time you check-in and confirm that you will be taking your seat on the flight. Some airlines will not take responsibility for loss of jewellery, other valuables and money contained in your checked baggage. It may be possible to sign a declaration that your baggage contains items of higher value and you may have the option of paying additional charges at check-in to cover the higher value in the event of loss of or damage to your baggage. If you do not sign a declaration and pay the additional charges, the liability of the airline in the event of damage to your checked baggage is limited to approximately US$20 per kilogram of checked baggage. "


Although a quick google also showed:
"Northwest, like most major airlines, does not accept liability for the damage to checked luggage such as: broken wheels or feet, lost pull straps, ..."

So on their website they say that they are responsible, then in the airport they say that they arenport they ay that they are not.

jos28

Not only do the staff on the Aer Lingus 'help' desk inform you that they have no responsibilty for your bag, they even point out their posters to you showing picture of bags with broken wheels and torn straps. They follow this up by telling you that wheels and straps are your responsibilty.
Their customer relations staff are not reachable by phone or e-mail. You can only contact them by snail mail. To anyone else with a similar problem, just persevere, keep writing and eventually it will pay off.